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Peloquin v. Calcasieu Parish Police Jury

367 So. 2d 1246 (1979)

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Peloquin v. Calcasieu Parish Police Jury

Louisiana Court of Appeal

367 So. 2d 1246 (1979)

Facts

The Peloquin family (plaintiffs) found a stray kitten, adopted it as their family pet, and named him George. Approximately seven years later, their neighbors Mr. and Mrs. Linscomb (defendants) borrowed an animal trap from the local animal-control center, an agency of the Calcasieu Parish Police Jury (the parish) (defendants). The Linscombs set the trap up on their property and eventually trapped a cat. The Linscombs returned the trap with the cat to the animal-control center, and the cat was euthanized. The Peloquins claimed that the cat was in fact their pet George. The Peloquins sued the Linscombs and the parish for damages for the value of the cat and for mental suffering. The Linscombs and the parish filed exceptions of no right of action and no cause of action, on the grounds that the Peloquins had no ownership interest in George and therefore no legal grounds to sue for damages for mental suffering. The trial court maintained these exceptions, leaving the Peloquins only the right to sue for the value of the cat, which was less than the statutorily required amount necessary for a jury trial. The Peloquins appealed.

Rule of Law

Issue

Holding and Reasoning (Foret, J.)

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